Supreme Court Takes Up Obstruction Case Affecting J6 Defendants

Today, the U.S. Supreme Court will take up Fischer v. United States, a case that could fundamentally change many cases of January 6th defendants, including the prosecution of former president Donald Trump. The case involves the interpretation of a federal statute prohibiting obstruction of congressional inquiries and investigations.

The case concerns 18 U.S.C. § 1512(c)(2), which provides:

“Whoever corruptly—(1) alters, destroys, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to impair the object’s integrity or availability for use in an official proceeding; or (2) otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so, shall be fined under this title or imprisoned not more than 20 years, or both.”

Joseph Fischer was charged with various offenses, but U.S. District Judge Carl J. Nichols of the District of Columbia dismissed the 1512(c)2 charges. Judge Nichols found that the statute is exclusively directed to crimes related to documents, records, or other objects.

The D.C. Circuit reversed and held that Section 1512(c)(2) is a “catch all” provision that encompasses all forms of obstructive conduct. Circuit Judge Florence Pan ruled that the “natural, broad reading of the statute is consistent with prior interpretations of the words it uses and the structure it employs.” However, Judge Gregory Katsas dissented and rejected “the government’s all-encompassing reading.”

The Court will now consider the question of whether the U.S. Court of Appeals for the District of Columbia Circuit erred in construing 18 U.S.C. § 1512(c), which prohibits obstruction of congressional inquiries and investigations, to include acts unrelated to investigations and evidence.

The law itself was not designed for this purpose. It was part of the Sarbanes-Oxley Act of 2002 and has been described as “prompted by the exposure of Enron’s massive accounting fraud and revelations that the company’s outside auditor, Arthur Andersen LLP, had systematically destroyed potentially incriminating documents.”

Oral argument is today and I will be covering the arguments on X (Twitter).

156 thoughts on “Supreme Court Takes Up Obstruction Case Affecting J6 Defendants”

  1. “Whoever corruptly—(1) …conceals a record, …or attempts to do so, with the intent to impair the object’s… availability for use in an official proceeding;”

    That’s what Hillary Rodham did with the William O. Douglas impeachment file when she was on staff of the House impeachment committee circa 1973. She wanted Nixon questioned without a lawyer, but the record showed the conclusion in the prior case was that the defendant was entitled to a lawyer.

    1. I didn’t realize the Sarbanes Oxley Act of 2002 was around “circa 1973.” Perhaps time is a loop.

  2. The DC Circuit is engaging in Sovereign Citizen Law – picking and choosing and taking things out of context. Here is a link to 18 USC 1512 –

    https://www.law.cornell.edu/uscode/text/18/1512

    18 U.S. Code § 1512 – Tampering with a witness, victim, or an informant

    note this –

    (e)In a prosecution for an offense under this section, it is an affirmative defense, as to which the defendant has the burden of proof by a preponderance of the evidence, that the conduct consisted solely of lawful conduct and that the defendant’s sole intention was to encourage, induce, or cause the other person to testify truthfully.

    You see, this whole section is about witness tampering. I learned my first few weeks of Law School to not just go by the words in a statute, before I looked to see WHERE I was in the statutes. For example, Bob cuts down a tree on the border of his property, and his neighbour John. What should happen to Bob?

    Oh, l know! Bob can be jailed! Because it is a felony! He can serve 5 years in jail! Because it says so right here!, To wit,

    “Removal of a tree is a Class B felony, and the penalty is 5 to 10 in jail, and a $10,000 fine!

    Oh, wasn’t I smart with my computerized law search!

    NOPE! Somehow, I got that language from the Illegal Logging and Removal of Timber statutes. That don’t apply to Bob whacking down the Bradford Pear tree on the property line. That is mostly a true story from my first few weeks in law school.

    That is how Sovereign Citizens come up with the idea that they must be in commerce in order to be forced to get a driver’s license – because they went to the wrong section. They went to the CDL Provisions part of the code. Same with the DC Circuit, IMHO.

    1. If this individual did attend law school, this is not an accurate illustration of it.

      Statutory interpretation does not work this way.

  3. January 6 cases, sounds like what a certain former Sec of State may or may not have done. In case it comes down to it, I am not trying to unalive myself with this post.

  4. Jonathan: I think the DC Court of Appeals got it right. Section 1512(C)(2) is a “catch all” provision. The language of Section (2) is preceded by the word “or”–which sets it off separately from the preceding section. Which means it is intended to apply to all acts of obstruction, not just to destruction of documents. Andrew Weissman, former FBI General Counsel who helped draft the Section, endorses this position as do many former prosecutors who filed an amicus brief with SCOTUS.

    Why did SCOTUS decided to take this case? It’s important because if the conservative majority on the Court rules in favor of Fischer it will not only reduce or eliminate the convictions of hundreds of Jan 6 insurrectionists, it will also knock out 2 of the 4 charges in Jack Smith’s case against DJT over Jan. 6. The handwriting is on the wall. Conservatives on the Court, including Thomas and Alito, are trying their best to help DJT escape his accountability for trying to overturn an election so he could stay in power. The “rule of law” be damned!

    1. Yes, rule of law be damned!
      You know how you would know if we still had even a pretense of this myth of equal justice under rule of law?
      Hunter Biden would be in prison, right next to Dr. Peter Navarro.
      But where is Hunter?
      Not in prison.

    2. Ya know, it IS preceded by an “or”, which would seem further separate sub-clause 2 into its own fully separate statement of a crime.
      And yet, neither the Solicitor General or the Court seemed to embrace this interpretation fully.
      It could be because the statute doesn’t make sense read that way — §1512(C)(2) would read: “Whoever corruptly otherwise obstructs, influences, or impedes any official proceeding . . .”
      The “otherwise” there necessarily refers to something else that it is hanging on, and that would be the preceding §1512(C)(1) which actually contains the semi-colon “or” connecting element.
      This means you cannot interpret §1512(C)(2) without incorporating §1512(C)(1) into the sentence.
      Of course if §1512(C)(2) truly stood on its own, then it would subsume almost all of §1512’s meaning, you wouldn’t need any of it §1512 except for §1512(C)(2) which would cover it all.

  5. I feel like the larger issue that urgently needs to be addressed is selective prosecution. How many times have Congressional proceedings been obstructed/interrupted by Democrats? A lot. How many times have Congressional proceedings been interrupted by Republicans? Once. Who’s getting prosecuted? Republicans. Specifically, Trump supporters.

    Would Hillary Clinton smashing cell phones with a hammer be considered obstruction?

    Somehow, anything or anyone remotely connected with Trump is considered beyond the normal protections of the law. Peter Navarro is sitting in jail for defying a subpoena on what can certainly be considered reasonable grounds. He may have been right or wrong but he is in Federal prison for a misdemeanor while the hordes of Democrats who defy subpoenas are running around free right now.

    The ongoing persecution of Trump by the New York “legal system” is the most extreme example of this. I believe that things happen for a reason and I hope that the reason is to shine light on the dark corners of the misnomered “justice” department so that nothing like this can ever happen again to an American citizen. The fact that so many Democrats are breathlessly eager to support anything harmful to Trump, no matter how low they have to sink, is sad. I wouldn’t have believed it of them. Democrats are not known for being analytical – they tend to vote with their emotions which they call being the intellectual elite because they don’t know the difference between emotions, facts and opinions – but I never would have thought they were capable of this.

    Jake Lang has been in the jaws of the “justice department” for over three years. He has spent his last 4 birthdays in Federal custody without the benefit of a trial. What happened to his right to a speedy trial? Why doesn’t ANYBODY care?

    This is not America.

    1. That is the question: Why doesn’t ANYBODY care? The silence is deafening.
      Because the 535 members of Congress are compromised, corrupt and ‘controlled’ in one way or another.
      Because every institution of government is corrupt.
      Because the judiciary is corrupt. The DOJ is corrupt. The judicial process is corrupt.
      The FBI has become the FedStasi. It is operating as a hostile domestic terror organization.

      Rational people need to ask: Why is *any* judge even dignifying these absurd cases against Trump by corrupt morons like Bragg, Willis, James and deranged Jack Smith? Why have each and every one of these cases not been tossed out? It isn’t even this bad in Russia.

  6. “Whoever corruptly alters, destroys, mutilates, or conceals a record, document, or other object, or attempts to do so” Well, anybody out there remember Clintonista US National Security Advisor Sandy Berger and his theft of documents from the National Archives? Yeah, he got a mere slap on the wrist —-not prison time—for his misdeed. Yet another example of a two-tiered “justice” system in this country.

    1. Old Sandy “Socks” Berger got probation and tickets to a Nationals game for his misdemeanor. No double standard there Jonathan….

  7. When I see those chanting, openly and with the tacit approval of blue urban functionaries, “DEATH TO AMERICA” before the dock with charges of treason and terrorism, then I might take the actions of any court with a little bit of seriousness – otherwise this is just political showmanship of the most pernicious type.

  8. So the J6 committee would be guilty because the destroyed the evidence and witness transcripts to intentionally hide exculpatory evidence.

    1. Didn’t you hear ??? They aren’t guilty of obstruction because they were Democrats saving democracy…..

      1. It is truly sad when sarcasm is closer to the truth than what emanates from the mouths of the government/media/education industries.

  9. In the statute, I focus on the word “corruptly” which modifies both document destruction and the activities. How were the actions of the J6 defendants corrupt? This statute should not apply to the J6 protest gone astray. No rational person could believe it was a weapon-free insurrection.

    1. “How were the actions of the J6 defendants corrupt?”

      How about calling for Mike Pence to be hung?
      Or perhaps punching Capitol Police?
      Using flag poles as spears to clear the Capitol Police out of the way?
      Breaking windows in the Capitol Building?
      Crawling through broken windows in the Capitol building while the crowd yells for the head of Nancy Pelosi and Mike Pence?
      Shitting in the capitol building?

      I’m sure I missed something.

      1. You forgot pulling a fire alarm to delay the House scheduled vote on a government funding bill. Oh wait, that was a Dem.

        1. What he did was disgusting and juvenile. Are you suggesting pulling a fire alarm is the same level as building gallows and yelling to hang mike pence? The same as shitting in the capitol building hallways? The same as trying to keep the guy that lost the election in power? Just curious. Because if you are you are sick.

          1. Too bad Pelosi wouldn’t allow extra security that day,
            or you could sleep much easier/not be so troubled by it.

          2. Those “gallows” were erected by the DOJ spies in the crowd

            How do you imagine people got all the material and time. free from Capital Police to erect the clearly labeled piece of “Art”?
            Are really to bereft of intellect to actually believe its real, or. just your common practice of lying, because the facts always get in your way?

            1. https://www.cbsnews.com/news/jan-6-gallows-construction-new-video/#:~:text=The%20people%20who%20erected%20the,remain%20unaccounted%20for%20by%20prosecutors.

              Fake news.

              “Videos show a crew of people rolled pieces down major streets in plain sight, in the predawn hours before the Capitol siege. The video shows several people wheeling large wooden beams near the Capitol during the 6 a.m. ET hour on Jan. 6. The group can be seen moving its materials across Union Square and near Independence Avenue, two iconic areas near Capitol Hill that would later be overrun by some of the thousands who converged at the Capitol after a speech by former President Trump about 2 miles away, at the Ellipse. The movement of the pieces occurred early in the morning, when the streets were otherwise empty. The shifting of the wooden beams is clearly shown in recordings collected by some of the hundreds of surveillance cameras on and near Capitol Hill. According to a report by a Republican-led subcommittee of the House Committee on Administration, between 6:30 a.m. and 7:15 a.m., the group constructed the platform and two main pillars of the gallows, only leaving off the crossbeam. The report said the crossbeam and a bright orange noose were added during the 1 p.m. hour on Jan. 6, as the rioting and the siege of the Capitol began.”

            2. Are you still holding your Truth Social shares???
              Or are you planning on riding it out to the bottom???
              It won’t take long now.

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          3. It’s not a crime to protest a stolen election.
            It’s not a crime to say the words let’s hang Pence.
            Who built the gallows? Has the crack investigation team over there at the FedStasi arrested them yet?
            Has the FedStasi found who set the pipe bombs outside the DNC that day?
            Have you heard the pro Hamas protestors chanting Death to America? Right here in America? Have they been arrested and thrown in the gulag yet?

            1. Your cult leader needs help. Buy some of his tanking DJT stock now before the price skyrockets to $300 or more per share. Hurry while supplies last. Heck, you should probably mortgage your house and use the money to buy DJT shares. And while you at it. send your money to trump and his lawyers, they need it to pay lawyers (actually live grand lives off you suckers, but who’s looking).

            2. https://www.law.cornell.edu/uscode/text/18/871

              Actually it is illegal to threaten the VP…

              (a)Whoever knowingly and willfully deposits for conveyance in the mail or for a delivery from any post office or by any letter carrier any letter, paper, writing, print, missive, or document containing any threat to take the life of, to kidnap, or to inflict bodily harm upon the President of the United States, the President-elect, the Vice President or other officer next in the order of succession to the office of President of the United States, or the Vice President-elect, or knowingly and willfully otherwise makes any such threat against the President, President-elect, Vice President or other officer next in the order of succession to the office of President, or Vice President-elect, shall be fined under this title or imprisoned not more than five years, or both.

          4. It IS a CRIME to pull a fire alarm in order to disrupt and stop a vote on the floor of Congress when there is no fire. Was Jamaal hauled off in handcuffs and thrown in the gulag?

              1. Did you catch today when Gorsuch “scored a bullseye hit right between the eyes” re Bowman and the failure of DOJ to file a 1512 count against him? It’s time for a rude awakening.

          5. Just curious, you seem to believe the entire U.S. government is so weak and fragile that a bunch of unarmed, mostly peaceful MAGA protestors could literally topple and “overthrow” the government to “keep Trump in power”? How stupid are you? Oh right, you are a Democrat.

            1. Anonymous, why do you assume a coup requires a violent overthrow of the government?

              There have been many coups throughout history that did not rise to the level of violence of J6. Mussolini’s militia marched on the Italian king, who abdicated without violence.

              1. Correct. What do you think the Russia Collusion Hoax was all about? It was a treasonous coup deployed by operatives from inside the government.
                We are in the midst of a coup right now.
                We are living through a CCP-style Cultural Revolution –in case you had not noticed.
                In Marxist cultural revolutions, the judiciary and cops, like the FedStasi, are ALWAYS weaponized against the people. That’s what J6 was about: criminalizing political dissent. Notice what the FedStasi are doing… going after Christians praying at abortion centers, but not pro-Hamas protestors blockading bridges and chanting Death to America. Notice what this Democrat lawfare is doing. The judiciary, prosecutors, DAs, the DOJ, corrupt judges like Engoron and Merchan are all in on it.
                The Democrats are shouting: “We must Save our Democracy” as they are literally destroying it; a coup coming from within our very government.

          6. Dimunists have called for the assassination of Mr. Trump and Pence numerous times, even ‘killing’ them in effigy. On one occasion, the First Family had to be moved to a secure location as the rioting fascist Left burned the historic St. John’s Church (of the Presidents) and attempted to breach the White House. Are you blind, narcoleptic….or just stupid? Or perhaps all of the above?

          7. Was Madonna arrested and charged with a crime when she said during a protest rally in DC that she would like to “blow up the White House” because Trump was in it?
            Was Kathy Griffin arrested and charged with a crime when she held up a fake bloodied severed Trump head? The list of violent rhetoric from the left goes on and on….

      2. Yes you missed a lot of somethings.
        No one shiit in the Capitol. No piss or feces spread on the walls.
        That was a flat-out lie spread by Chuck Schumer’s staff.
        The whole thing was a Fedsurrection sting operation aided and abetted by Pelosi, et al. and all their lies.
        Who unlocked the Capitol doors? Those doors don’t just pop open at the push of a protestor.
        They were ordered to be opened.
        The truth will continue to come out.

          1. Ask the FedStasi, they’re the ones who recruited the crisis actors and used hundreds of undercover feds to infiltrate the protest and ‘create’ a staged ‘insurrection.’ Ask Pelosi, she knows all about the ‘plot’ bc she made sure to have her daughter, the documentary filmmaker, there all day following her every move and capturing dramatic footage for that day in particular….isn’t that curious.

            1. What?

              Do you have the contracts to back that up? Who hired the Oathkeepers and Proud Boys? What were the terms of the contracts?

        1. The FBI: aka Fascist Bureaucracy of Intimidation, was obviously and provably involved. After all, Jan 6 it was a Pelosi/DOJ plot. Ask FBI instigator, Ray Epps…..he knows.

      3. You did miss something HUGE!
        What was the FBI’s involvement?
        How about Ray Epps?
        What was Nancy Pelosi’s role? After all, Trump asked her to secure the capital.

      4. Please provide the names of those that chanted about Pence or punched cops. Name those that have been charged with those two of your ludicrous charges.

  10. Professor Turley,

    A textualist first looks to plain meaning. If the words are unambiguous – as they are here – the inquiry ends here. The Supreme Court has held that that “the authoritative statement is the statutory text, not the legislative history or any other extrinsic material.” See Exxon Mobile Corp. v. Allapattah Servs., Inc., 545 U.S. 546, 568 (2005).

    Also, Justice Barrett has clarified her stance, namely that as a textualist, she “emphasize[s] that words mean what they say, not what a judge thinks they ought to say. . . Fidelity to the law means fidelity to the text as it is written.” 2019 Sumner Canary Memorial Lecture: Assorted Canards of Contemporary Legal Analysis: Redux, 70 CASE W. RES. L. REV. 855, 856 (2020).

    Thus, a judge should not consider what he or she thinks the purpose of the Sarbanes Oxley Act is, unless the words are ambiguous. There is nothing ambiguous about this catchall provision.

    1. You are naive to think that SCOTUS cares about what they wrote in other cases. This is the age of Constitutional Calvinball, the rules keep changing.

      1. Yes it will be especially rich if SCOTUS somehow both (1) holds that the legislative purpose is necessary here to reinterpret the plain meaning of the words in this statute (rather than requiring Congress to revise the language if the catchall was not its intent), but then (2) overturn Chevron deference, claiming that it is role of Congress to draft clearer laws (and for Congress to revise those laws when unclear, rather than deferring to agency interpretation).

        Sadly, my guess is that these cases will end up exactly this way.

    2. Anonymous: Right on with your clear analysis of the Section and how it SHOULD be interpreted by SCOTUS!

      1. Only one troll uses the phrase “right on”.

        Right, bug, um, Dennis? What a Pathetic waste of resources to keep someone nourished while more deserving people do without

      2. . . . . how it SHOULD be interpreted by SCOTUS! . . .

        9 Supreme Court Justices, through their questioning today, are signaling you are the one getting the law wrong. Mainly because it is in direct opposition to the Constitution on The United States

  11. –‘had systematically destroyed potentially incriminating documents’
    “What, like, with a cloth?”-HRC

  12. Every single person charged in relation to J6, including DJT, were attempting to steal an election DJT lost. In third world countries when that happens the insurrectionists are killed, hung, tortured, all sorts of disgusting stuff happens to those that partake in a loosing insurrection. In the United Sates, the winners are showing kindness and mercy. They losers are lucky they are alive. Lesson learned, don’t partake in an insurrection if you value your life.

    1. Every single person charged in relation to J6, including DJT, were attempting to steal an election DJT lost.

      Exercising your rights to petition govt to take actions, as out lined in the Constitution, is not stealing the election. You cant get around the fact that the attempt to throw the election of the House, is outlined in the Constitution.

      1. Falsifying records to put forward a fake set of electors is not a petitioning of government. That is fraud.

        1. An alternate slate of electors only become electors AFTER the state legislators intalls them.

          You do realize their are multiple slates of electors in every state. . . .until the legislature installs the proper one.

  13. I read the law and how it is written and it looks on the face it covers said activity. However, the law was not written with this activity in mind. So does the law even apply? If the law was written as the good Professor suggests, then I expect it not to apply. To me, it feels like getting a driving summons for cars because you were skinny dipping.

    So the bigger question does this law impede on First Amendment rights to protest. By their very nature protest disrupts regular business. That is right we have and is sacrosanct.

    I am not talking about the violence nor refusing to leave or enter the buildings uninvited. I also am not giving carte blanch to ALL activities. Those that broke the law need to pay. However, there has to be legitimacy and this one feels wrong on its face.

    This feels like Federal Prosecutors are pushing a law never intended for this use to ratchet up potential jail time and some judges giving out unnecessary higher jail sentences to send a message.

      1. Purpose-driven statutory interpretation was the preferred method of RBG. I didn’t realize you were a fan of hers?!

        I prefer textualism. literally the words of the statute. Judicial restraint over activism. But I guess we differ.

    1. Thank you Quiet Man, for sensible thinking. How many laws have been used to prosecute J6 people that wasn’t intended for that purpose?

  14. Doesn’t this law make all lobbying illegal? “otherwise obstructs, influences, or impedes”

  15. what difference does it make…Fascists Democrats and the 100% corrupt DOJ, FBI, IRS, etc will just IGNORE THEM!

    $180 Billion in STEALING taxpayer money for Student Loans…anything happen to Biden?

  16. An even more salient point: Don from Queens fell asleep in his trial yesterday and if the D’s don’t immediately produce an ad pointing out the absurdity of a presidential candidate falling asleep at his own trial being the omen we all know will be coming to pass should he be granted access to the oval office again, now that would also be criminal.

    That’s right…, sexually harassing interns and cutting up documents before flushing or burning them is the high point folks. All downhill from there…

    As far as the j6 mutants who destroyed offices and rifled through files in the Capitol before s fingering the hallway walls…, well duh, they deserve to be prosecuted under this law.

      1. ^^^And here we have a prime example of trumpist confusion/delusion.

        Clearly, someone needs to explain to you that a SOTU speech is not an official document. It’s a rhetorical speech. Big difference.

        So whatever Newsmax clown who is putting that in your ear couldn’t be more wrong.

        1. “The SOTU is a Presidential Record which must go to the National Archives under the Presidential Records Act,”

    1. TDS is a terminal mental derangement disease … but for the limited time you have left, Fredo, SEEK HELP!!!

    2. : Don from Queens fell asleep in his trial yesterday

      Just keep spreading lies. Always the same

      Put your lies in context with the case before SCOTUS today.
      Oops silly me. Your intent is never to debate in good faith. So the topic is never your concern

      1. A) Not a lie. Spanky did his best Doze O the clown impression ever, and…

        B) I did address the point by pointing out the j6 mutants indeed should be prosecuted as such.

        1. “Mutants?” You’re talking about your fellow Americans who happen to be human beings. Your language is a reflection of who you are and it’s not a flattering reflection.

          1. They were fellow Americans up to the point they tried to overthrow the election. At that point they became seditionists seeking to overthrow the governmant of a country my relatives have fought and died for….

            So my use of the term ‘mutants’ is actually just me being polite.

    3. “rifled through files”

      Like clueless Joe and anyone with a garage door opener did illegally in Joe’s garage?

      1. No. Rather seditionists lucky to have not been killed. Ashley Babbitt probably shouldn’t have been the only one to get smoked. Many more deserved it as well.

          1. If I decide to do a home invasion at the Capitol during the session to accept the results of a free election, sure. Until then, shut the f$%k up with your deluded assassination fantasies.

                1. Really bothers you I am just pointing out how much of a loser you are.
                  Everyone here on the good professor’s blog knows it too.

                  1. To be clear, your post pointed out that you’d like to see me dead. The fact you overstepped and got caught in the middle of a wildly stupid statement isn’t a reflection on my intelligence or lack thereof.

                    At a minimum it reflects your complete hypocrisy around the supposed ‘civility’ policy. Most likely though it also reflects severe cognitive difficulties on your end and you seem determined to play those out on a daily basis on this blog.

                    As an added bonus, I truly don’t care what you think.

  17. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

    The Jan 6 criminal prosecutions have always been in Conflict with citizens enumerated Rights.

    The Bill of Rights, specifically protecting the people from the massive power and reach of the Federal Government.

    1. Sorry bud, missed the part of the Constitution that said it was cool to s$%t finger the Capitol.

        1. But hey, I probably just missed that part…, just another carve out for white, property owning men, right?

          1. Yawn. The worn-out race card from a typical racist. And it is getting VERY old. Move on, pencil pud.

            1. Getting very old? Indeed. We’re talking centuries now. Even if it upsets your delicate sensibilities around race and slavery, chin.

              1. Can’t even spell, you moron.! It is “Chen”….and if there are any CCP sympathizers here, it would be “vous”. Back to your rice bowl.

      1. If so, the thousands of violent, destructive Blue city rioters need to accompany them. Antifa, BLM, and all the other pusillanimous Left wing fascists should all be rounded up and incarcerated.

    2. Well,

      The violence superseded the peaceful protest. Just because you have the right to protest, you do not have the right to storm the Capital building.

      While I agree with your general thesis, it is not all so cut and dried.

  18. The salient point:

    “The law itself was not designed for this purpose. It was part of the Sarbanes-Oxley Act of 2002 and has been described as “prompted by the exposure of Enron’s massive accounting fraud and revelations that the company’s outside auditor, Arthur Andersen LLP, had systematically destroyed potentially incriminating documents.”

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